Basic Account HolderDo you record your calls?You'll regret it if you don't.

Cagger since : Apr 2010

Posts

229

Employer asked for NI and Birth Cert.?

Hi,

I've been working for a large plc group in retail for almost 3 years next month. Today my Assistant Manager asked I bring in my Passport/NI Card and Birth Cert. I asked why as I provided these when I joined, and as nothing has changed since then I was puzzled. I said they are on my personnel file as they were copied. Any ideas if I should be alarmed??

Employer asked for NI and Birth Cert.?

I believe there are new rules that have come in recently that require this to be done?

PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
it makes a thread twice as long to scroll through..save data download times and costs

If you want advice please PM me a link to your thread. PM advice is not allowed!!

Employer asked for NI and Birth Cert.?

no if I remember rightly came in late last year
right to work act or something.

PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
it makes a thread twice as long to scroll through..save data download times and costs

If you want advice please PM me a link to your thread. PM advice is not allowed!!

Basic Account HolderDo you record your calls?You'll regret it if you don't.

Cagger since : Mar 2011

Posts

818

Employer asked for NI and Birth Cert.?

Is it just you that has been asked this or all employees?

If just you most likely explanation is that for some reason they forgot to keep of copy of those documents when you started work, or somehow HR department can't find them. The law requires employers to keep copies of the documents showing you have a right to work in the UK. They must keep them for the whole time you are employed (and for, I think, 2 years after you stop being employed). If they don't have a copy on file the employer could be prosecuted. So HR audit their files from time to time and if, for whatever reason, they find there is no copy on file they'll ask the employee to bring it in again.

It might be something else, but that's my guess. I wouldn't think it's anything to worry about - assuming you do have right to work in UK - so just do as asked. I doubt Brexit has anything to do with it.

Re: Employer asked for NI and Birth Cert.?

The employer will probably either not have correctly stored copies of your documents originally (or may not have recorded the date on which the check was made), or they are renewing records following a GDPR audit. There is no legal obligation for an employer to check and retain proof of right to work, but if they do so, then there would be a defence should it later be discovered that an employee was working without the necessary rights to work. They are probably looking to tighten up policies so that your data is retained correctly and with your consent and understanding of why these documents are held on file, and they have the necessary details on file stating that checks were made of the original documents and relevant dates when those checks were conducted

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

PLEASE HELP US TO KEEP THIS SITE RUNNING
EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Basic Account HolderDo you record your calls?You'll regret it if you don't.

Cagger since : Nov 2016

Posts

666

Originally Posted by Sidewinder

The employer will probably either not have correctly stored copies of your documents originally (or may not have recorded the date on which the check was made), or they are renewing records following a GDPR audit. There is no legal obligation for an employer to check and retain proof of right to work, but if they do so, then there would be a defence should it later be discovered that an employee was working without the necessary rights to work. They are probably looking to tighten up policies so that your data is retained correctly and with your consent and understanding of why these documents are held on file, and they have the necessary details on file stating that checks were made of the original documents and relevant dates when those checks were conducted

Actually, yes there is an obligation for an employer to check the right to work and retain documents. They must check and copy the provided documents, and must keep them for two years after the employee leaves.

Re: Employer asked for NI and Birth Cert.?

Because employers have a statutory duty to keep a copy of your documents they do not need your consent under GDPR to copy and retain them.

Originally Posted by colin11

I had to Bring my passport to work last year to show i had a right to work in the UK

I have been working for the company for 30 years

Same happened to me when the new law came in. Whole company had to bring in documents. It wasn't necessary for long serving employees though as according to Home Office "The law does not require employers to carry out retrospective checks on persons who lawfully commenced employment before 29 February 2008". I guess my employer was just doing it 'to be on the safe side', or maybe to make sure that people employed before 2008 were "lawfully" employed.

Re: Employer asked for NI and Birth Cert.?

Has the employer asked you to wear a belt and braces as part of your personal safety equipment?
Basically this is what it is about. Provide passport/driving licence and due to the new(ish) one stop identification gateway the govt has it should suffice.